AN ACT to amend Chapter 74 of the Revised Code of the State of Delaware in relation to Fish and Game.

Be it enacted by the Senate and House of Representatives in the State of Delaware in General Assembly met:

Section 1. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2373. Sec. 16 of said Chapter and substituting in lieu thereof the following Section to be styled 2373 Section 16.

"2373. Sec. 16. UNLAWFUL TO CATCH, KILL, HAVE IN POSSESSION, BUY, SELL OR SHIP BIRDS OTHER THAN GAME BIRDS: EXCEPTIONS: That it shall be unlawful to catch, kill, have in possession, (living or dead), purchase, sell or expose for sale, transport or ship any wild bird other than a game bird, or any part of the plumage, skin, or body of any such bird, or any game bird, or game animal except as expressly permitted by law; provided, however, that turkey buzzards, black birds, crows, English sparrows, starlings and hawks, (except fishing hawks) may be killed, sold, or shipped by any person in any manner and at any time, and a bounty may be offered and paid by said Board on any or all of said unprotected birds."

Section 2. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2389. See. 32 of said Chapter and by substituting in lieu thereof the following Section to be styled 2389. Sec. 32.

"2389. Sec. 32. UNLAWFUL TO BUY OR SELL GAME BIRDS, ANIMALS, OR FISH: It shall be unlawful for any person, firm or corporation at any time of the year to barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State and killed or caught either lawfully or unlawfully within this State, except always the muskrat, and diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession and trading at any and all times in muskrat skins and other skins and in terrapins of lawful size which have been lawfully taken; provided any one person who has himself lawfully killed or trapped rabbits in the County of his residence may himself sell said rabbits within such County not exceeding the number of twenty in any one open season."

Section 3. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by inserting immediately after 2391. Sec. 34 of said Chapter the following Section to be styled 2391 A. Sec. 34 A.

"2391 A. Sec. 34 A. PENALTY WHERE NOT OTHERWISE PRESCRIBED: The penalty for violating any Section of the game or fish laws of this State, now in force or which may be hereafter enacted, where the same is not or shall not hereafter be prescribed, or is or shall hereafter be omitted, shall be as provided in 2405. Sec. 48 of Chapter 74 of the Revised Code of Delaware; and wherever payment of a fine and costs is or may hereafter be imposed for the violation of any game or fish law of this State and no authority is granted to imprison the violator upon his refusal or neglect to pay such fine and cost, then and in all such cases such violator shall be committed to the County Jail or Work House of the County in which the offense was committed for thirty days unless said fine and costs be sooner paid or unless an appeal be taken."

Section 4. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by inserting immediately after 2405. Sec. 48 thereof the following Section to be styled 2406. Sec. 49:

"2406. Sec. 49. UNLAWFUL FOR DOGS TO RUN AT LARGE: It shall hereafter be unlawful for the owner or custodian of any dog to permit such dog to run at large off his own home premises, anywhere in this State outside the limits of the City of Wilmington or of any incorporated Town between the first day of March and the first day of October, next following in each year unless accompanied by its owner or custodian and under his or her immediate control. And it shall also hereafter be unlawful for the owner or custodian of any female dog to permit such dog while in heat, to run at large at any time of the year anywhere in this State, and any such female dog may be caught and impounded by any person and if the owner shall not redeem her, immediately after having been found guilty of violating this provision by paying the fine imposed, she shall then be killed. The person impounding her shall receive half of such fine and the other half shall be paid to the Board of Game and Fish Commissioners. If, however, the owner cannot be found in five days such female dog shall then be killed and the person having impounded her shall be paid five dollars ($5.00) by said Board.

It shall also hereafter be unlawful for the owner or custodian of any dog to permit such dog to injure or disturb any muskrat den, trap, lead of house, and any dog detected in the act of committing such injury may be then and there killed by any person there present, provided that nothing in this section shall prohibit the owner or custodian of any bird, rabbit or fox dogs from training and breaking the same at any time of the year and provided further that if any such dog or dogs shall during such training wander off and out of control of the owner or custodian without his fault then this section shall not apply to such cases."

Section 5. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by inserting immediately after 2417. Sec. 60 of said Chapter the following section to be styled 2417 A. Sec. 60 A:

"2417 A. Sec. 60 A. GAME REFUGES: All State lands, and State, County, and Municipal Parks in Delaware shall be State Game Refuges and it shall hereafter be unlawful for any person to hunt upon said lands and parks or kill or injure any game therein at any time of the year."

Section 6. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2538. Sec. 181 of said Chapter and substituting in lieu thereof the following Section to be styled "2538. See. 181.

"2538. Sec. 181. BOARD MAY TAKE GAME AND FISH FOR PROPAGATING, ETC.: It shall be lawful for the Board of Game and Fish Commissioners of this State to take any game birds, animals, or fish in or out of season in any way for strictly propagating and restocking purposes."

Section 7. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by inserting immediately after 2382. Sec. 25 thereof, the following Section to be styled 2382 A. Sec. 25 A.

"2382 A. See. 25 A. MINORS UNDER FIFTEEN NOT TO USE GUNS UNLESS ACCOMPANIED BY AN ADULT: It shall be unlaw ful for any minor under fifteen years of age to hunt game birds or game animals anywhere in this State with a rifle or a shotgun of any kind unless accompanied by an adult lawfully hunting."

Section 8. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2529. Sec. 172 of said Chapter and substituting in lieu thereof the following Section to be styled 2529. Sec. 172.

"2529. Sec. 172. H00K AND LINE FISHING PERMITTED, NETS PROHIBITED: It shall be unlawful to take or catch any game fish in any of the waters of this State at any time except with hook and line which shall always be under the immediate observation of the person using it and it shall also be unlawful for any person to set or place any net, trap, seine, fyke, or other device or contrivance whatever at any time of the year in any of the fresh water ponds or fresh water streams in this State (except in waters where the lunar tide regularly ebbs and flows and in the Chesapeake and Delaware Canal) for the purpose of catching any kind of fish whatsoever or for any other purpose. Provided that the owner or tenant of any fresh water pond or stream may catch therein for his own family consumption only, non-game fish with a net not smaller than a three-inch mesh stretched measure, and any game fish caught therein shall be at once returned to the water with wet hands and with the least possible injury. All Sections or parts of Sections of said Chapter 74 inconsistent with this Section or any part thereof are hereby repealed."

Section 9. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2534. Sec. 177 of said Chapter and by substituting in lieu thereof the following section:

"2534. Sec. 177. DAILY LIMIT ON GAME FISH: One person may take or catch lawfully in any one day during the open seasons prescribed respectively not to exceed the following numbers of fish:

Large mouth and small month bass, black bass and rainbow, brown and brook or speckled trout, 10.

Section 10. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by repealing 2558. See 201 and 2537. Sec. 180 of said Chapter.

Section 11. That Chapter 74 of the Revised Code of Delaware, be and the same is hereby amended by inserting immediately after 2415. Section 58 thereof the following Section to be styled 2415 A. Sec. 58 A.:

"2415 A. Sec. 58 A. SUMMER RESIDENTS DEFINED: non-residents of Delaware, who own or lease property at the seaside and bay-side summer resorts of this State and their friends, relatives and patrons while temporarily sojourning at such resorts shall, for the purpose of fishing for non-game fish and of hunting on the shores of said summer resorts, and only during the months of June, July, August and September, be classed as residents."